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Home My WebLink About01-24-13 CC Application & Supporting DocumentsREZONING' :APPLICATION MIAMI 21 Welcome to the City of Miami! This application is intended to serve as a guide in assisting you with our public hearing process. Please feel free to contact us, should you have any questions. The deadline to file the complete application with supporting documents is the last five working days of each month from 8:00 am :until 3:00 pm, except on the fifth day, until 12:00 pm. The application submittal date is the date stamped by Hearing Boards' staff on this page. The responses to this application must be typed and signed in black ink. All pertinent and accurate information/documentation; i.e., the plans, reports, exhibits, shall be presented at the time of filing, in addition to the paid receipt. The applicant is responsible for the accuracy of the information contained in the application and all supporting materials. Should you wish, you could bring the materials to our office for review before the deadline to ensure completeness. You will be responsible, if needed, to bring an interpreter for the English language to any presentation before city boards, committees and the city commission. A valid power of attorney will be required if neither applicant or legal counsel representing the applicant execute the application or desire to make a presentation before city boards, • committees and the city commission. All documents, reports, studies, exhibits (81/2x11") or other materials submitted during this process will be kept as part of the record. Any documents offered to the Planning, Zoning and Appeals Board and the City Commission, which have not been provided fifteen (15) days before the meeting as part of the agenda materials will be entered into the record at the discretion of the aforementioned Board and Commission. ORDINANCE NO. 11469, CODIFIED IN CHAPTER 2, ARTICLE VI OF THE CITY CODE STATES THAT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. Ordinance No. 12918 states that each person or entity requesting approval, relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees regarding any issue, shall disclose at the commencement (or continuance) of the public hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, for an agreement to support or withhold objection to the requested approval, relief or action. The Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit included in this package must be submitted with the application. The applicant must, at the commencement of any public hearing on the issue, if there is any disclosure to report, read the disclosure into the record. Also, the applicant must supplement the affidavit if there is any new information or additional information to disclose. Copies of City Commission resolutions and ordinances can be obtained at our website through the "Legislative Hub", or for certified copies, contact the City Clerk's Office at 305-250-5360. Rev. 06-2011 CITY OF MIAMI HEARING BOARDS Ph: 305-416-2030 444 SW 2nd Ave 7th Floor Miami, FL 33130 www.miamigov.com/hearing_boards 2 REZOr:IN1::IAP.PLICATI ON 'lease refer toiArticle, 712'8 of the Miami 21 Code for Rezoning information. Applicants) , Lynn M .`Summers .Autho"razed Representative for MarineMax East, Inc., Owner r! J i!.'y lYitl i 1YNn 1,7 e Subject property address(es) and folio; number(s): 840 NE 78tfi Street —Folio # 0132070163860 Present zoning designation(s) '/ T5 R roposted zoning designations) -s , 'er`Miamiz21;�Article1 2 8 c'2' (g), an analysis of the properties within a one-half mile radius of thseubjeCt property, including aerial photo of the site as to why the present zoning designation is inappropriate. and. proposedzoning designation is appropriate. 6. One (1) original, two (2) 11x17' copies and one (1) 8%c11 copy of the survey of the property prepared by a State of Florida registered land surveyor within six (6) months from the date of the application. 7. A clear and legible copy of the recorded warranty deed and tax forms of the most current year showing the present owner(s) and legal description of the property to match the legal description on the survey. 8. A clear and legible copy of the subject property address(es) and legal description(s) on a separate sheet, labeled as "Exhibit A', to match with the current surveys legal description. 9. At least two photographs showing the entire property showing land and improvements. 10. Copy of the lobbyist registration processed by the Office of the City Clerk, if applicable. 11. Affidavit of Authority to Act and the Disclosure of Ownership of all ownef-aid contract purchasers, if applicable -of the subject property. 12. For all corporations and partnerships indicated: a) Articles of Incorporation; b) Certificate from Tallahassee showing good standing, less than one (1) year old; c) Corporate Resolution or a Power of Attorney signed by the secretary of the Corporation authorizing the person who signed the application to do so; d) Non-profit organizations: A list of Board of Directors less than one (1) year old. 13. Certified list of owners of real estate within 500 feet of the subject property. 14. Original Disclosure of Consideration Provided or Committed for Agreement to Support or Withhold Objection Affidavit. 15. Original Public School Concurrency Management System Entered Requirements form. 16. The subject property(ies) cannot have any open code enforcement/lien violations. Rev. 06-2011 CITY OF MIAMI HEARING BOARDS Ph; 305-416-2030 444 SW 2nd Ave 7th Floor Miami, FL 33130 www.miamigov.com/hearing.boards 3 RE LICATION e acreage oflhe7project/property site? .25 acres —10,970 sq. feet v v • het is,theFpurposeiof`t,his_application/nature of proposed use? To conform zoning with use as 5�( P 3 � a,r. ll �.:_ a MarineiuRelated;Comrnercial Facility and correct code enforcement violation. £ ' -1i 1'a' l ;'ya `s the property within the boundaries of a historic site historic district or rcheo o i al zone? lease contactthe11Plannin� De ert�ment on the 3rd Floor for information d ';':I t J L Is the property within the boundaries,rof'an Environmental Preservation. Distri ea contacthe Planning'',Department_onithe'3 d Flopri for information. I V V, )ii-1Yh. 20. Cost of, processin g'according,to Section 62-156 of the Miami City Code*: Change of}ioning classification to: a. CS, T3-R, T3-L, T3-0, per square foot of net lot area Minimum 0' b. T4-R, T4-L, T4-O, T5-R, T5-L, T5-O, T6-R, T6-L, CI, per square foot of net lot area Minimum c. T6-8 0, T6-12 0, T6-24 0, D1, D2, D3, per square foot of net lot area Minimum d. T6-36 0, T6-48 0, T6-60 0, T6-80, CI -HD, per square foot of net lot area Minimum $ .15 $ 635.00 $ .20 $ 750.00 $ .25 $ 900.00 $ .30 $ 1,000.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 *Pursuant to • dinance 1271 , all planning and zoning fees in excess of $25, 000.00, shall be paid in the form of a c: rtified chick, shier's check, or money order. Signature Name Lynn M. mmers, Representative 1910 N.W. 13th Street, Miami, Florida 33125 MarineM.• East, Inc. Telephone: 305-794-7599 STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Tripforegoing was a knowled 20 I, , by f1n d efrA�rlethis a(n) individual/partner/agbnt/corporation of individual/partnership/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. E-mail: Imsum@earthlink.net 14_ I day of \I V who is i,I ,°,,,,, ANEL RODRIGUEZ , � 1�', MY COMMISSION 0 EE 101837 •'.till _:yam EXPIRES: June 12, 2015 4;:tr, y " Bonded rnru Notary Public UndenRiten Rev. 06-2011 CITY OF MIAMI HEARING BOARDS Ph: 305-416-2030 444 SW 2nd Ave 7dh Floor Miami, FL 33130 www.miamigov.com/hearing_boards a(n) 4 LICATION s'. :OF AUTHORITY TO ACT fi i ,ri�� .� Before me this day, the undersigned personally appeared Lynn M. Summers `i . , who being by me first deposes and says: I i ; at he/she is the ;owner or the legal representative of the owner, submitting the public hearing application�as required by thefCodeofa�theyCity of Miami, Florida, affecting the real property located in the City of,Miami, aslisted .on the:foregoing pages. 2. That' all�owners',)who he/she repres.ents, if any, have given his/her full and complete permission for him/hereto ,act: in-his/her-behaif for'the change or modification of a classification or regulation of zoning as set out in'the foregoing`petition, including including responses to day to day staff inquires. 3. That the foregoing and following pages are part of this affidavit and contain the current names, mailing addresses, telephone numbers and legal descriptions of the real property of which he/she is the owner or legal representative. 4. That the facts, as represented in the application and documents submitted in conjunction with this affidavit, are true and correct. Further Affiant sayeth not. Lynn M. Summers Applicant(s) Name Applica s) Signature STATE OF FLORIDA -- COUNTY OF MIAMI-DADE The foregoing was acknowledge efore me this c,__re., ? l> day of `1 c, 20 (I , by L L , v) 1`f . H,. ,. 1 v i e i . S a(n) individual/partner/agent/corporation of a(n) individual/partnership/corporation. He/She ispersonall r_known to me or who has produced /, )- as identification and who did (did not) takf an oath. (Stamp) Rev. 06-2011 ignature CITY OF MIAMI HEARING B OARDS Ph: 305-416-2030 444 SW 2nd Ave 7th Floor Miami, FL 33130 www.miamigov.com/hearing_boards who is 5 CORPORATE RESOLUTION OF MARINEMAX EAST, INC The undersigned director of MarineMax East, Inc., a Delaware Corporation (the "Company"), does hereby certify that the Company is a valid corporation organized and existing under the laws of the State of Delaware, and does hereby further certify that I am making the following Resolution in accordance with the Articles of Incorporation of the Company. RESOLVED, that Lynn M. Summers, Principal, d/b/a Community Technologies 1910 NW 13th Street, Miami, Florida 33125 is hereby authorized for this specific purpose and directed to do whatever may be necessary and appropriate to effect the rezoning of MarineMax East, Inc. property located at 840 NE 78t' Street, Miami, Florida — Folio 0132070163860, and said individual is hereby authorized and directed to execute in the name and on behalf of the Company and all documents necessary or proper to carry into effect this Resolution. I further certify that the copy of the Resolution shown above is true and correct and the same has not been modified and rescinded. IN WITNESS WHEREOF, I have hereunto set my hand as Director of the Company in accordance with the Articles of Incorporation. Dated this /rday of July, 2011. MarineMax East, Inc. (2/ Michael H. cLamb Director URE OF OWNERSHIP IIY�1 �List the owner(s) of,,the subject property sand percentage of ownership. Note: The Miami City Code ry requires (disclosure, rof1iall parties having a�financial interest, either direct or indirect, with respect to a t )ipresentation, requesta orpetitiori. Accordingly, disclosure of shareholders of corporations, beneficiaries `:: of, trustsk and/or an ;other interested , arties, together with their address(es) andproportionate interest :e, requ�i'red. Pleae` supply additional lists if necessary. Ow`ners`Name(es)-See a tacheddescnption of ownership of MarineMax East, Inc., and diagram. • Percentage,,of Subject Property Address(es) 2. List all street address(es) and legal description(s) of any property located within 500 feet of the subject property owned by any and all parties listed in question #1 above. Please supply additional lists, if necessary. Street Address(es): See attached list of owners. Lynn M. Summers, Representative Owner(s) or Representative Name STATE OF FLORIDA -- COUNTY OF MIAMI-DADE Legal Description(s): Owner or Representative Signature The foregoing was acknowledged before me this av day of _. u_' (., 20 I , by 1, 1 v- /-1 . r vv> vv) P 62 S J a(n) individual/pat•ther/agent/corporation of a(n) individual/partnership/corporation. He/She is ersonally known to me or who has produced \\�\�„mlii3Oratification and who did (did not a -: n oath. �e��\P t`; ss10WE/ss * •,N p• • �i� o �'et� eti8, '. (Stamp) ? o e�° �o9F� •�* gam m cm= i l3 q29 *49 ��Bliil� Ct�� \\' Rev. 06-2011 ignature CITY OF MIAMI HEARING BOARDS Ph: 305-416-2030 444 SW 2nd Ave 7th Floor Miami, FL 33130 www.miamigov.com/hearing_boards who is 6 MarineMax, Inc. Post Restructuring Organizational Chart f = MarineMax USA Dumas GP Inc. 11502 Dumas (Incl. Dumas GP LLC & MerineMtax TX, LP) MarineMax of Arizona, Inc, MarineMax of Minnesota, Inc, MarineMax of Las Vegas, Inc. MarineMax of Utah, inc. MarineMax of Colorado Inc, MarineMax of California, Inc. Harrison's Realty CA, LLC Harrison's Realty, LLC C&N Marina LLC Walker Marina Realty LLC Marina Drive Realty I LLC Marina Drive Realty II LLC 2+� MarineMax of North Carolina, Inc. MarineMax of Georgia, Inc. MarineMax of Missouri, Inc. MarineMax of Ohio, Inc. Boating Gear Center Bassett Boat Company Bassett Realty, LLG Guifwtnd South Realty, LLC Florida Partnership Structure including: MarineMax of Southeast Florida, LLC MarineMax of Central Florida, LLC MarineMax of Southwest Florida, LLC MarineMax Motor Yachts, LLC • MarineMax of Sarasota, LLC - MarineMax International, LLC 3= MarineMax of New York, Inc. MarineMax of New Jersey Holdings, Inc. (Includes: MarineMax New Jersey GP, Inc., MarineMax NJ Partners, Inc„ and MarineMax Midallantic, LP.) Board of Directors Page 1 of 1 , Board of Directors Highlights I Board of Directors I Executive Officers I Committee Composition Hilliard M Eure III Retired Managing Partner KPMG, Tampa Bay Practice John B Furman Consultant for various domestic and international public and private companies Robert S. Kant, Esq. Principle Shareholder Greenberg Traurig Russell J. Knittel Executive Vice President Synaptics Incorporated William H. McGill, Jr. Chairman of the Board, Chief Executive Officer and President Michael H. McLamb Executive Vice President, Chief Financial Officer and Secretary Joseph A. Watters Founding Chairman, Oceania Cruises Dean S. Woodman Retired Managing Director ING Baring http://phx.corporate-ir.net/phoenix.zhtml?c=105460&p=irol-govBoard 7/22/2011 Executive Officers Page 1 of 1 o Executive Officers Highlights I Board of Directors I Executive Officers I Committee Composition William H. McGill, Jr. Chairman of the Board, Chief Executive Officer, and President Michael H. McLamb Executive Vice President, Chief Financial Officer and Secretary Edward A. Russell Executive Vice President, Chief Operating Officer Kurt M. Frahn Vice President of Finance and Treasurer Paulee Day Vice President, General Counsel and Assistant Secretary http://phx.corporate-ir.net/phoenix.zhtml?c=105460&p=irol-govManage 7/22/2011 Exhibit "A" Legal Description Lot 17, Block 22, of Shore Crest, According to the Plat Thereof Recorded in Plat Book 10, Page 23, of the Public Records of Miami -Dade County, Florida F PREPARED BY AND RETURN TO: J. Matthew Marquardt, Esquire Macfarlane Ferguson & McMullen 625 Court Street, Suite 200 Post Office Box 1669 (33757) Clearwater, Florida 33756 QUIT CLAIM DEED 111111111111111111111111111111111111111111111 CFN 2008R0144104 OR Bk 26227 Pss 0666 - 668; (3pss) RECORDED 02/21/2008 15:43:07 DEED DOC TAX 0.60 HARVEY RUVIH, CLERK OF COURT MIAMI-DADE COUNTY, FLORIDA THIS INDENTURE, made this 7 day of February, 2008, between MARINEMAX OF SOUTHEAST FLORIDA, LLC, a Florida limited liability company, of the County of Pinellas, and the State of Florida, Party of the First Part, whose mailing address is 18167 U.S. Highway 19 North, Suite 300, Clearwater, FL 33764, and MARINEMAX EAST, INC., a Florida corporation, of the County of Pinellas, and the State of Florida, Party of the Second Part, whose mailing address is 18167 U.S. Highway 19 North, Suite 300, Clearwater, FL 33764. WITNESSETH, that the said Party of the First Part, for and in consideration of the sum of Ten and no/100 Dollars ($10.00), in hand paid by the said Party of the Second Part, the receipt whereof is hereby acknowledged, has remised, released and quit claimed, and by these presents does remise, release and quit claim unto the said Party of the Second Part all the right, title, interest claim and demand which the said Party of the First Part has in and to the following described lot, piece or parcel of land, situate lying and being in the County of Miami -Dade, State of Florida, to wit: See attached Exhibit "A" Legal Description TO HAVE AND TO HOLD the same, together with all the singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of the said Party of the First Part, either in law or equity, to the only proper use, benefit and behoof of the said Party of the Second Part. IN WITNESS WHEREOF, the said Party of the First Part has hereunto set our hand and seal the day and year first above written. —1— Signed, Sealed and Delivered in the Presence of: MARINEMAX OF SOUTHEAST FLORIDA, LLC By: Kurt Frahn, Assistant Secretary STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY, that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, Kurt Frahn, to me personally known or who has produced as identification and who did take an oath, and known to me to be the individual described in and who executed the foregoing instrument and he/she acknowledged before me that he/she executed the same for the purposes therein expressed. WITNESS my hand and official seal at Clearwater said County and State, this day of February, 2008. yy Y BARBMA PACK Coming D00364620 Exposit 10/10726011 Bolded iris (600)432.4264; FlonAA Nang Assn.. Inc 1 —2- 7 Notary Public Print Name 1e6A8A KAU( My Commission Expires: /D/20/DtS? OR BK 26227 PG 0668 LAST PAGE EXHIBIT "A" PARCEL 1: Beginning at the Northwest corner of Lot 1, Block 20, of Shore Crest, a subdivision as shown by the Plat thereof, as recorded in Plat Book 10, Page 23, of the Public Records of Miami -Dade County, Florida, run East 100 feet along the North line of said Lot; thence South to the North Bank of Little River; thence Westerly along the North Bank of Little River 52.43 feet to the Southwest corner of said Lot; thence Northerly along the West line of said Lot to the Point -of - Beginning; less the North 5 feet and the East 50 feet thereof. AND INCLUDING A portion of Lot 1, Block 20, Shore Crest, according to the Plat thereof, recorded in Plat Book 10, Page 23, of the Public Records of Miami -Dade County, Florida, being more particularly described as follows: Commence at the Northwest corner of said Lot 1, Block 20, as platted; thence run in an Easterly direction along the North line of said Lot 1, for 100.00 feet; thence deflect 91 degrees 03 minutes 45 seconds to the right and run South for 5.00 feet to the Point of Beginning; thence continue south for 217.13 feet, more or less, to the sea wall on the North Shore of Little River; thence run in a Southeasterly direction, along the said sea wall, for 183.61 feet; thence run North, along the West right-of-way line of "River Walk", as shown on the aforesaid Plat of Shore Crest, for 130.11 feet, more or less, to a point of curvature; thence run in a Northwesterly direction, along a circular curve to the left having a radius of 15 feet and a central angle of 73 degrees 57 minutes 30 seconds, for an arc distance of 19.36 feet to a point of tangency; thence run in a Northwesterly direction, tangent to the last described circular curve, for 6.89 feet; thence deflect 106 degrees 02 minutes 30 seconds to the left and run South, along a Southeasterly extension of the West right- of-way line of Northeast 8th Court, as shown on the said Plat of Shore Crest, for 12.19 feet; thence run West, parallel to the aforesaid North line of Lot 1, for 147.52 feet; thence deflect 90 degrees to the right and run North for 100 feet; thence run West, parallel to and 5 feet South of the said Northline of Lot 1, as shown on the Plat of Shore Crest, for 16.27 feet to the Point of Beginning. AND INCLUDING The East Fifty (50) feet of the following described property: Beginning at the Northwest corner of Lot 1, Block 20, of Shore Crest, a Subdivision as shown by the Plat thereof recorded in Plat Book 10, Page 23, of the Public Records of Miami -Dade County, Florida, thence run East 100 feet along the North line of said Lot; thence South to the North bank of Little River; thence Westerly, along the North bank of Little River, 52.43 feet to the Southwest corner of said Lot; thence Northerly along the West line of said Lot to the Point of Beginning; less the North 5 feet thereof. AND INCLUDING Lot 17, Block 22, of Shore Crest, according to the Plat thereof recorded in Plat Book 10, Page 23, of the Public Records of Miami -Dade County, Florida. PARCEL 2: The Leasehold interest in and to that certain Sovereignty Submerged Lands Lease No. 130023826, from the Board of Trustees of the Internal Improvement Fund of the State of Florida, as recorded in Official Records Book 23391, P{ages 1693 through 1705, of the Public Records of Miami -Dade County, Florida. h:\data\aty\jmm\marinemax\boatarama\qc deed 1.doc -3- CITY OFMIAMI DISCLOSURE OF CONSIDERATION PROVIDED OR COMMITTED FOR AGREEMENT TO SUPPORT OR WITHHOLD OBJECTION The City of Miami requires any person or entity requesting approval relief or other action from the City Commission or any of its boards, authorities, agencies, councils or committees, to disclose at the commencement (or continuance) of the hearing(s) on the issue, any consideration provided or committed, directly or on its behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action. "Consideration" includes any gift, payment, contribution, donation, fee, commission, promise or grant of any money, property, service, credit or financial assistance of any kind or value, whether direct or implied, or any promise or agreement to provide any of the foregoing in the future. Individuals retained or employed by a principal as a lobbyist as defined in Sec. 2-653, and appearing before the City Commission or any of its boards, authorities, agencies, councils or committees solely in the capacity of a lobbyist and not as the applicant, or owners' legal representative are not required to fill out this form. NAME: Lynn M. Summers (First Name) (Middle) (Last Name) HOME ADDRESS: 1910 NW 13th Street (Address Line 1) (Address Line 2) CITY: Miami STATE: Florida ZIP: 33125 HOME PHONE: (305) 448-0997 CELL PHONE: (305) 794-7599 EMAIL: lmsumCearthlink.net FAX: (305) 448-3467 BUS SINES S or APPLICANT or ENTITY NAME MarineMax East, Inc. BUSINESS ADDRESS: 840 NE 78th Street (Address Line 1) Miami, Florida (Address Line 2) 1. Please describe the issue for which you are seeking approval, relief or other action from the City Commission, board, authority, agency, council, or committee. Rezoning and Miami Neighborhood Comprehensive Plan Amendments. 2. Has any consideration been provided or committed, directly or on your behalf, to any entity or person for an agreement to support or withhold objection to the requested approval, relief or action? YES X❑ NO If your answer to Question 2 is No, do not answer questions 3, 4 & 5 proceed to read and execute the Acknowledgment. If your answer to Question 2 is Yes, please answer questions 3, 4 & 5 and read and execute the Acknowledgement. Doc. No.:86543 3. Please provide the or committed. Name a. 1Y IA name, address and phone number of the person(s) or entities to whom consideration has been provided Address Phone# 7129- )10) b. c. * Additional names can 4. Please describe the NIli be placed natur of A on a separate a consideration. - 1)12.1p;) page attached to this form. 5. Describe what is being Ati r qu A sted in exchange ' 1 for the consideration. ACKNOWLEDGEMENT I hereby acknowledge that it is unlawful to employ any Ordinance 12918 and such circumvention shall be deemed or civil penalties that may be imposed under the City disclosure requirement was not fully and timely satisfied 1. the application or order, as applicable, effect; and 2. no application from any person considered by the applicable boards) nullification of the application or PERSON SUBMITTING DISCLOSURE: device, Code, the or order. scheme a violation upon following shall entity for until expiration OF COMPLIANCE or artifice of the determination may occur: be deemed the same � Ordinance; a to circumvent by the void without issue shall period of the disclosure requirements of and that in addition to the criminal City Commission that the foregoing further force or be reviewed or one year after the �`�1�i1NMilio, Lynn . 'Sig Summers, ure Representative `��0 A wk'49 1 Print Name . E" .� �' ecpp Aefi017 ls : ... . * 1.� Nvgrn to ubscri c efore me this d 2 day of w ?!._f , 20(( (� . The foregoing rumdRP 149 �raledged before me by , who has produced %9%464 0`;. ,c3•41 as identification and/or is erson i known to me and who did/did not take an oath. �e8oncie !C S'f �� o \\\ I Alp, STATE OF FLORIDA CITY OF MIAMI 1 t MY COMMISSION ` Notary EXPIRES: )Q L�f l S Print Name Enclosure(s) Doc, No.:86543 Page 2 Zoning Analysis 840 NE 78th Street ("Subject Property") Request r}� 511 1 :. a— a The Rezoning Application seeks a change for the current zoning classification for the Subject Property from the current T5-R (Restricted) Urban Center designation to the T5-O (Open) Urban Center designation. The Subject Property consists of a .25 acre site (approximately10,970 square feet). This Application requests an extension of an existing Transect boundary between the T5-O and T5-R areas. While there is a current open code enforcement violation for lack of a valid Certificate of Use as a Marine -Related Commercial Establishment, this Rezoning Application will lead to the resolution of this violation because it will allow an application for a Certificate of Use. Analysis The Subject Property is located within the Upper Eastside NET area, and consists of a single parcel comprising .25 acres, located in the South side of NE 78th Street near the intersection of NE 78th and 79th Streets. It is located on the deep -water Little River Canal. The improvement of the Subject Property is a two-story building originally constructed and used as a residential motor court. Since at least 1978 and perhaps earlier, this building has been used in connection with the boat repair and servicing facility at 790, 800 and 820 NE 79th Street for storage of parts and other non -industrial marine service activities. The owner of the Subject Property, as well as the adjacent parcels at 790, 800 and 820 NE 79th Street is MarineMax East, Inc., a Delaware corporation authorized to do business in the Florida. MarineMax, Inc., a Delaware corporation authorized to do business in Florida, operates at these four (4) addresses a Marine -Related Commercial Establishment, as defined in the Miami 21 zoning code, under the trade name, MarineMax. Under Miami 21, the area along NE 79th Street from Biscayne Boulevard on the North and South sides of 79th Street to the 79th Street Causeway is a commercial corridor designated as T5-O Urban Center which consists of higher density mixed -use building types that accommodate retail and office uses, rowhouses and apartments. Marine -Related Commercial Establishments are allowed by Warrant in T5-O Urban Center areas. The purpose of this application is to extend the boundary between the T5-O and T5-R areas by approximately 60 feet or less to reflect the actual use of the Subject Property for the last thirty (30) or more years and to allow for a Certificate of Use application for the Marine - Related Commercial Establishment. The Subject Property is flanked to the North by T5-O areas, to the West by T5-O areas and to the East by two lots designated as T5-R and to the South by the Little River Canal. On the South of the Little River Canal is an area of single-family homes designated as T3-R. The character of the entire area including the Subject Property is higher density mixed use building types many of which are Marine -Related Commercial Establishments which operate on the Little River Canal which provides deep -water access to Biscayne Bay. The proposed increase in intensity from R-Restricted to 0-Open within the same T5 Transect Zone will not be out of scale with the remainder of the corridor; rather, it will simply extend the boundary for the intensity of uses within the T5 Transect Zone. The requested rezoning will not negatively impact the character of the commercial corridor or the surrounding multi -family residential properties. The requested rezoning of the Subject Property requires an amendment to the Miami Comprehensive Neighborhood Plan Future Land Use Map designation the current Medium Density Multifamily Residential to Medium Density Restricted Commercial with no change in the density of 65 units per acre. An application for such an amendment to the MCNP is being filed at the same time as the Rezoning Application. A Marine -Related Commercial Establishment is allowed by Warrant in Medium Density Restricted Commercial while it is not allowed in Medium Density Multifamily Residential, thus, both the Rezoning and Comprehensive Plan Amendment Applications are necessary and appropriate for the continuation of the Marine -Related Commercial use that has existed on the Subject Property for 30 or more years. Subject Property- 840 NE 78th Street T[It (.ITj'I(Ill.I'IGIfi(Ii, Subject Property- View to the East Subject Property- View from NE 78" Street 850 NE 78"' Street- Abutting Property Subject Property- 840 NE 78t" Street (Abutting Properties) 860 NE 78 Street- Nearby Property 830 NE 79t1 Street- Abutting Property 860 NE 79"' Street- Abutting Property Page 1 0 PIARINEMAX EAST INC 7/25/20 Page 1 of 1 By Property Address B40 NE 7E ET 7/25/2011 ArC rg- Camber. • Base Ike 6m ems •uv 9Anral,Ae—�-- • Ch.LOC AAA PO Cune amd ware adB rig err one t R fence '— mc Ca el. r---• .a 0ty Dau roe Feree DC n t DM Mt Mae 10M Lem BM Ace of AA rs. Park ND • TARR. Farce cue Peed P tan Magri, 10me NMAO hyd Mnurned .s0. OR& tea.. Revd Brat Pc isce re anat. Page fl lbed at iArsestbs PI a! linnet del Pciring MR o • � hie 4l SetAo1-°r-.'ry AK AAA Y Raae Fed 100 TC lapel 5r6 m 115 Lorry EaseAnt V NAe Lk* ryg wad mad lee Meter Vale "thregmeed wee. Tdyl, tune V. C� &slueN'S.N Lee tmrm'lkei 51 5a.6 Row 0 3* 10 Bi Seen M64ak Stap Web Bo. i Coed.0 arek m—e-Coen. Sera Rh Busy sBy ,,r. C ewe u3 no -;a Pearw Anae FH'PeL&wM<M 6 mow,. as Des OA, Pea hR Sega. Carte ARn L.Me erg' tyd Mae Mai By Maeale Brig. Mad Rom P. marl earP rkll Le?cSpel Poe Meal, Ilel cram a Pam rLLY.itu sr.' tuber [m Arm AMA �Afroce Ana cy 4 S ru SNoyS sLssahob seed $r seed mare. Sheet Sga .. BQ r:trace Earidk YNa • P NDAR1T ITQPOGI1.1 P Ir G 1. No inntrumenls of reoad reflecting easernnls tight o1 coy; and or ownership were famished (a tlds as shown. 2 Beanv,gs are based on n assumed vale of S7YOOSO E along the centerline of NE 78(h ST. .i Unless otherwise noted record and measured dohs ore in mbstan0o/ agreement 4. The Street Right -el --Way abutting this Drapery ore physical" Open unless otherwise noted. 5 Fnaa coned*, if a7. FOS eatable?. by visual means an(y, but legal ownership hos nal been determine. 6. Set Iron Ape or Pin with cep (1012 (18' in length by 0.2 square halves, minimum) al a0 comers unless otherwise n0led 7. Nat valid without the signature onnd the original raised seal of a Florida Reamed surveyor and mapper. 8. No underground installations or improvements have been located 9. the symboh• (P any) ie0ecled 5r the legnd and n Me say have been nknged fur clod". the pmfrd.. Aare been paled at the center o1 the Field locaRan and y not rep.. the actual sire or shape of the feature 10. The surveyor did not inspect lea property for enwimnmental hazards or jurisoldhom/ wed 11. the /n! etnn depicted n U. map represents the results e1 the say an Me data indicated and can aY be considered as 0� afug the genera( nndldm existing al that time. T2 Due (0 Me frequent draws and interpretations a/ zoning ordinances 2 is the owner's resp°mib1by la eer/y 3*og restrictions before construction. • I (8, _------ -,� err 'o LOT CREST 21 P.G. 10, PG. 23) NOT A PART DHAPIDC SCA/E 1111 T L1111i1111.®H 1fi1111111,0 11111/� �� IIMMIBER tunnel= n.rlll� 111.11 111111 11== t=a111111 111111 .�.rJ�l e 1111111�MIIIIIIIi1111111 111v ��11UGM1111111�111111 Vitt '1P11111111lUM11I J ( ■ •i,' U11.1111UMW' ----olillinilihM111111111111.111M r� 4 qv '�� nisei � //I��' U■I :11111111111'..:. �.�,*�r • 1ii`t! 1111 lnn E 11111 1111: 1111 11i11 VIM MMI 11111 11111 w 1111011111111111 11 111111{il{ III 11111111111111< _ 11111111111a '.I,�'�1111IN 1 LOCATION SKETCH A PORTION OF SECTION 7, TOWNSHIP 53 SOUTH. RANGE a2 EAST, MIOMI.OADE COUNTY. FLORIDA SCALE.' 1'.400 !FBI( DESMI'PIIOFC LOT /7, BUCK 22 OF SHORE CREST, ACCOINMNC ID THE RAT HEREOF HfCDROEO IN PUT BOOK ID PACE 21 OF THE PUBLIC RECOR05 OF AIAMI-O+0E COUNTY( FLORIDA (5 MIAMI-DADECOUNTY,, FLORIDA SEC. 7-53-42 y I,2 iURuiWR S FFRRE(F' • I HEREBY CRAW:( that the property as shown awl descn*ed hereon was prepared under my supervision and that them are no abere ground encrooahmanta unless o0en ise. seem, elm that Mrs Boundary Survey meals the A4'n mum T Leal Standards sal forth by the Florida Board of Pro( /anal Survey. one Mappers in Chapter 61017-5 Florida Admindbatisn Coda puma. to Section 472.027. Rohde S(afufes. And, that the sketch nelson is low and ended to the bed of my knowledge and belief. Subject to mac and notodsm shorn betem. 000000'1 MO ORANGE C05SULN0G 7050'0LRS INC. 18(012 Arturo A Soso Last R. Survey Oster 07-20-2011 Sunu one Myp, 2629 Sfa(e o/ 0 POW. NR 2037-0IU [EDAM ! 016.56 OfL16A AS SW: AS NAB aVD err-ab-MII SHEET: 11 AEA